Two writ petitions seeking appointment under compassionate grounds for deceased employees of a cooperative society were dismissed. The Court held that the applications were made after a delay of two years, defeating the claim as it is not a vested right.
Petitioners dismissed; no employment appointed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP NO.1831 OF 2023 A/W WP NO.1833 OF 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.1831 OF 2023 (S-RES)
A/W
WRIT PETITION NO.1833 OF 2023
IN WP NO.1831 OF 2023
BETWEEN:
Digitally signed by ARUN KUMAR M S Location: HIGH COURT OF KARNATAKA
ALL ARE RESIDING AT: RAJANKUNTE VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU – 560 064.
…PETITIONERS
(BY SRI. N.D. CHANCHALA, ADVOCATE)
AND:
WP NO.1831 OF 2023 A/W WP NO.1833 OF 2023
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PROVIDE EMPLOYMENT ON COMPASSIONATE GROUNDS TO THE PETITIONER NO.3 BY CONSIDERING THE REPRESENTATIONS DATED 22ND SEPTEMBER, 2021, 30TH MAY, 2022 AND 15TH JUNE, 2022 MADE TO THE RESPONDENT NO.2 VIDE ANNEXURES ‘A’ TO ‘C’, RESPECTIVELY; AND ETC.
IN WP NO.1833 OF 2023
BETWEEN:
…PETITIONERS
(BY SMT. N.D. CHANCHALA, ADVOCATE)
WP NO.1831 OF 2023 A/W WP NO.1833 OF 2023
AND:
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PROVIDE EMPLOYMENT ON COMPASSIONATE GROUNDS TO THE PETITIONER NO.3 BY CONSIDERING THE REPRESENTATIONS DATED 26TH MAY, 2022, 25TH OCTOBER, 2021, 22ND FEBRUARY, 2021, 18TH JUNE, 2022, 26TH JUNE, 2022 AND 11TH JULY, 2022 VIDE ANNEXURES ‘A’ TO ‘F’, RESPECTIVELY; AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
In these writ petitions, the common question of the law required to be answered is with regard to acceptance of the application made by petitioners, seeking appointment under Compassionate grounds.
WP NO.1831 OF 2023 A/W WP NO.1833 OF 2023
died on 20th January, 2018, while he was working with the respondent No.2-Society. In this regard, petitioners have made applications dated 22nd September, 2021 (Annexure-A), 30th May, 2022 (Annexure-B) and 15th June, 2022 (AnnexureC), seeking employment under Compassionate grounds.
if the rules provided under the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, which has been amended subsequently in the year, 2000 is made applicable, the relevant application has to be made within a stipulated time period. It is a well established principle in law that claiming appointment under Compassionate grounds is not a vested right and applicants have to establish that they are depending upon the earnings of the deceased employee. However, in the present case, though the deceased employees were died on 20th January, 2018 (in WP No.1831 of 2023) and 16th November, 2020 (in WP No.1833 of 2023) , the applicants have made application after two years. Therefore, I do not find any merit in these writ petitions. Following the law declared by Hon’ble Apex Court in the case of STATE OF MAHARASHTRA
AND ANOTHER vs. MADHURI MARUTI VIDHATE (SINCE AFTER MARRIAGE MADHURI SANTHOSH KOLI) reported in AIR 2022 SC 5176 ; in the case of SECRETARY TO GOVERNMENT,
DEPARTMENT OF EDUCATION (PRIMARY) AND OTHERS vs. BHEEMESH ALIAS BHEEMAPPA reported in AIR 2022 SC 402; and in the case of CANARA BANK vs. M. MAHESH
KUMAR reported in (2015)7 SCC 412, I am of the view that
WP NO.1831 OF 2023 A/W WP NO.1833 OF 2023
petitioners have not made out the case for issuing the writ of mandamus to the respondents and there is no subsisting legal right. Accordingly, writ petitions are dismissed.
SD/JUDGE
ARK
3 issues framed by the court
Whether petitioners establishing that deceased employees were dead entitled to appointment under compassionate grounds.
Whether application made after two years of death creates a subsisting legal right to appointment.
Whether petitioners produced relevant scheme adopted by respondent No.2-Society.
Colour shows how this judgement treated each authority
State of Maharashtra and Another vs. Madhuri Maruti VidhateFollowed¶50
STATE OF MAHARASHTRA AND ANOTHER vs. MADHURI MARUTI VIDHATE reported in AIR 2022 SC 5176 · Who else cites this
Secretary to Government, Department of Education (Primary) and Others vs. Beemesh Alias BeemappaFollowed¶51
SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION (PRIMARY) AND OTHERS vs. BHEEMESH ALIAS BHEEMAPPA reported in AIR 2022 SC 402
Canara Bank vs. M. Mahesh KumarFollowed¶52
CANARA BANK vs. M. MAHESH KUMAR reported in (2015) 7 SCC 412 · Who else cites this
1 provisions across 1 enactments
Smt. Lingamma C/o Late M. Papaiah
Ashok Kumar P
Lingaraju P
Karnataka Co-operative Milk Producers Federation Limited
Managing Director Machena Halli, Nidige Post
Smt. Saroja C/o Late Byrappa
E.S. Indires
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
